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HomeMy WebLinkAbout05/23/1960 - Regular MeetingA&x Hearing Abandon ment Rhine Place is CA -14 Balboa Island Parking CA -74 CA -22 0 CITY OF NEWPORT BEACH Page 239 - Volume 13 Minutes of REGULAR MEETING OF THE CITY COUNCIL Date of Meeting: May 23, 1960 Time of Meeting: 7:30 P.M. Place of Meeting: Council Chambers Roll Call: Present The City Clerk was directed to correct a typo- graphical error on Page 204, Volume 13, of the April 11, 1960, Minutes to indicate that Budget Amendment No. C -100 was approved in the amount of Motion $5518, instead of in the amount of $4418. All Ayes The reading of the Minutes of May 9, 1960, and May 16, 1960, was waived, and the Minutes were ap- Motion proved as written and ordered filed. All Ayes HEARING: (Agenda Item E -1) Mayor Stoddard opened the meeting for a public hearing regarding the proposed aban- donment of Rhine Place in accordance with Reso- lution of Intention No. 5217, to vacate, close up, and abandon a certain street known as Rhine Place. Mr. Oscar Norberg spoke from the audience pro- testing subject abandonment at this time. The hearing was continued to the adjourned Motion meeting to be held June 6, 1960. All Ayes BALBOA ISLAND PARKING: Consideration was given to the Balboa Island Im- provement Association's request that parking be banned in the 200 and 300 blocks of Marine Avenue from 10:00 P.M. to 6:00 A.M. on weekends until Jun 15, and continuously from June 15 until September 15; and the request of the Balboa Island Business Association that a trial period be initiated be- tween June 15 and July 15, with no prohibition of parking on Marine, to determine whether or not the limitation is necessary. Mr. Jack Vance, representing the residents, and Mr. Jack Hansen, representing the merchants, spoke from the audience. The following people participated in the dis- cussion in favor of the proposed parking ban: Mrs. Harry Lindsay, Mr. G. N. Hurd, Mr. Ralph Hinger, Mr. John Lloyd, Mrs. Roy C. Smith, Mr. Stuart Perkins. The following people spoke on behalf of the merchants: Mr. Harold Caldwell, Mr. Ralph Troutman. It was directed that the Traffic Engineer be in- structed by the City Manager, under Section 327 of the Municipal Code, to institute a no parkin ban from 10:00 P.M. to 6:00 A.M. in the 200 and 300 blocks on Marine Avenue, on Memorial Day weekend, and on every weekend thereafter when he deems necessary until July 13th; and the City Attorney was instructed to prepare an amendment to the Municipal Code which will permit the City Motion to change parking rules nywhere it yes limits by resolution. V,9 Woes wit ATTEST: . 4 — page 239 COUNCILMEN z x i5 x dex W 1960 Census CA -98 Req for street name change CA -27 r1 L Req for vacatioi portion Neptune Ave. CA -14 ABC license CA -63 W. budgets CA -49 Land- scaping for Pub Seru Area 1 & Parkin Lot A CA -49 CITY OF NEWPORT BEACH Page 240 - Volume 13 (May 23, 1960) Mayor Stoddard presented Councilman and former May or John Smith of Costa Mesa, who was in the audi- ence. COMMUNICATIONS: 1. (Agenda Item F -1) A letter was ordered filed from Abbott R. Williams, Census District Super- visor, United States Department of Commerce, in, forming Mayor Stoddard that the preliminary an- nouncement of population count as of April 1, 1960, for Newport Beach, is 25,884. 2. (Agenda Item F -2) A petition bearing six signa- tures of property owners requesting that the Council instigate the necessary steps for stree name change for the extended portion of 31st Street from Lafayette Street to its terminus, proposing the name of "Lido Park Drive," was re ferred to the Planning Commission. 3. (Agenda Item F -3) A letter from the Southern Pacific Company and the Pacific Electric Railwa requesting the Council to vacate that portion o Neptune Avenue between 120' westerly of 54th Street and State Highway 101, a parcel fronting on River Avenue "too shallow to be developed from both Neptune and River Avenues," was taken under advisement and, in addition, referred to the Planning Commission. 4. (Agenda Items F -4(a), (b)) The following copies of Applications for Alcoholic Beverage License were ordered filed: (a) Guy L. Bennett and Lydia G. Bennett, new of sale beer and wine at Cap'n. Billy's, 5808 West Coast Highway, Newport Beach. (b) Sidney L. Soffer, The Blue Beet, 107 - 21st Place, Newport Beach, premises to premises transfer on -sale beer and wine. 5. (Agenda Item F -5(a)) A letter was ordered filed from the Parks, Beaches and Recreation Commis- sion recommending that the Council approve the Parks, Beaches and Recreation operating budgets, explaining that details of proposed park devel- opment and beautification projects will be forthcoming. 6. (Agenda Item F -5(b)) A letter from the Parks, Beaches and Recreation Commission recommending that the Council employ a landscape architect prepare a precise planting plan for the Public Lce Service Area No. 1 and Parking Lot A in the Corona del Mar State and City Beach Park, was presented. A discussion ensued. The City Manager was landscape architect ing plan for Public "islands" in Parking State and City Beach able to obtain. ATTEST: authorized to employ a to prepare a precise plant - Service Area No. 1 and the Lot A at the Corona del Ma Parr, at the bests q i Page 240 Motion 1 Ayes COUNCILMEN Motion 1 Ayes Motion 1 Ayes Motion 1 Ayes Motion 1 Ayes Motion Ayes Noes X El dex W Budget CA -102 Island Transpt Co appl CA -70 0 Cracked sidewal CA -30 Claim f Damages CA -84 u Claim for D+ CA -84 0 Bd of S Resolut CA -69 CITY OF NEWPORT BEACH Page 241 - Volume 13 (May 23, 1960) Budget Amendment No. C -115, being an increase in Budget Appropriations, in the amount of $500, t from Unappropriated Surplus, Capital Outlay, to Park and Recreation, Land Improvements, for architect fees for the planting at the Corona del Mar State and City Beach Park, was approved. 7. (Agenda Item F -6) A letter was ordered filed from James H. Radcliffe submitting an amendment to the Application of Island Transportation Company to extend services and to establish rates of fare for the transportation of passen- gers between Newport Beach and Catalina Island, before the Public Utilities Commission of the State of California, to provide additional scheduled services by reason of applicant's recent acquisition of the use of the vessel Catalina Aloha. 8. (Agenda Item F -7) A letter from David J. Malloy, 211 Grand Canal, Balboa Island, regarding a sidewalk in front of his premises which is becoming badly cracked, was referred to the City Manager for investigation and report. 9. (Agenda Item F -8) Kappler, guardian r served on the City leging damages in juries sustained o minor was scuba di the Newport jetty, A claim for damages of Paul of Robert Kappler, a minor, Clerk on May 20, 1960, al- the amount of $25,000 for in- n February 20, 1960, when the ving off of the west side of was presented. Said claim was denied and the City Clerk's action, in referring the matter to the ins carriers, was confirmed. A discussion ensued regarding the prohibiting o skin diving around the jetty. Mrs. Carpenter spoke from the audience. The City Attorney and the City Manager were instructed to investigate the City's grounds for prohibiting swimming or skin diving in the area surrounding the jetty. Councilman Lorenz requested that the City Manag- er prepare a report regarding the accident rec- ord of the Showboat for the last thirty days. 10.(Agenda Item F -9) A verified claim for damages received by the City Clerk on May 20, 1960, G. ;es Burton Rysdale, alleging damages in the amount of $102.63 incurred when a Lifeguard jeep drove into the rear of claimant's car which in turn struck another car, was presented. Said claim was denied and the City Clerk's action, in referring the matter to the insurance carriers, was confirmed. ll.(Agenda Item F -10) A Board of Supervisors, ignating Priority No. Laguna Beach), in th e >n presented and ordered ATTEST: copy of a Resolution of the adopted May 3, 1960, des - 12 (Glenneyre Street in amo it of $94,203 w fil /� Page 241 COUNCILMEN Motion Ayes Noes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes MO ion All es CITY OF NEWPORT BEACH COUNCiLMN Page 242 - Volume 13 ,jez (May 23, 1960) W 12.(Agenda Item F -11) A letter from the City of City of Norwalk transmitting a copy of its Resolution Norwalk adopted on April 25, 1960, urgently requesting resolut Lon producers, distributors and exhibitors of motion CA -48 pictures in this area to cease the promotion of films which are salacious in nature, was ordered Motion filed. All Ayes Pets 13.Petitions bearing 114 signatures, opposing the re Balb a placing of the Balboa fire station next to the Fire stt Newport Beach- Balboa Library, were received and Motion CA -38 taken under advisement. All Ayes The City Clerk was requested to diary the matter for June 13, 1960. LICENSES: 1. (Agenda Items G -1, 2, 4) The following Appli- Motion Licensei cations for License were approved: All Ayes C 63 C6 (a) Stuart Fonter, dba Beach Roamer, -on -sale beer and pre - packaged food at 104 Main Street, Balboa, being a change of ownership. (b) J. E. Pritchett, 2102 Valencia Street, Santa Ana, transfer of location of one skill game (shuffle alley), from the Stag Cafe to the Beach Roamer, 104 Main Street, Balboa. (c) Santa Ana Auction Service, 325 East 17th Street, Santa Ana, by Phil Hanson, Auctioneer, to conduct one day sale of restaurant equipment on May 31, 1960, for Mary I. Hearn, (Dennie's Cafe), 2849 East Coast Highway, Corona del Mar. 2. (Agenda Item G -3) A discussion ensued regarding the Application of Sidney L. Soffer, dba The Blue Beet, 107 - 21st Street, Newport Beach, to add on -sale beer and wine, entertainment, and dancing for patrons only. Mr. Soffer spoke from the audience. Said Application was approved, and the Police Chief was instructed to keep a watch on the' establishment of The Blue Beet, and to give a Motion report every sixty days to the City Manager. All Ayes Recess RECESS, for five minutes was declared by the Mayor. The meeting reconvened with all Council members present. PIER.PERMITS: Pier (Agenda Items 9 -1, 2) The Joint Harbor Committee, Permits on April 5, 1960, having recommended approval of CA -130 the following applications for revisions of exist- ing piers, subject to the consent of the adjacent property owners (which has been obtained), were Motion approved: All Ayes 14 4i: M: Bradford, revision f existing er ward of Lot 9, Block 21! Bay Pro ATTEST. zi °'��' pege 242 ,kex W Ord 920 CA -10 • .Ord 921 CA -72 n lJ Pool 0 held o CA -164 Neptune Ave Ass( Dist CA -29 0 CITY OF NEWPORT BEACH COUNCILMEN Page 243 - Volume 13 (May 23, 1960) _ _ being 1316 East Balboa Boulevard. 2. Sophia E. Rickenbaugh, revision of existing pier bayward of Lot 8, Block 21 -M, Bay Front Section, being 1314 East Balboa Boulevard. ADDITIONAL BUSINESS: 1. (Agenda Item I -1) Ordinance No. 920, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 17, rezoning Lot 22, Block 437, Corona del Mar, fro an R -2 to a C -1 -H District, was introduced. Councilman Lorenz made a motion to table said Motion ordinance, which motion failed adoption oll Call: unanimously. Ayes Noes Ordinance No. 920 was passed to second reading Motion and set for public hearing on June 13, 1960. Roll Call: Ayes 2. (Agenda Item I -2) Ordinance No. 921, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 4 OF ARTICLE V OF THE NEWPORT BEACH MUNICIPAL CODE AND ALL SECTIONS CONTAINED IN SAID CHAPTER 4 AND ENACTING SECTIONS 5201, 5203, 5203.1, 5204, 5206 5207, 5208, 5208.1, 5208.2, 5210, 5211, AND 5h2 RELATING TO REFUSE AND GARBAGE COLLECTION, (incorporating the initiative ordinance adopted by a vote of the people on June 2, 1959, effec- tive June 19, 1959, under Section 5212), was introduced. Ordinance No. 921 was passed to second reading. Motion o11 Call: Ayes 3. (Agenda Items I -3(a), (b)) The introduction of an ordinance concerning the Building Department s aspects of swimming pools, and an ordinance con - r cerning the Planning and Zoning aspects of swim- ming pools, was held over for presentment at a later date. The City Clerk was directed to diary the matter for the first meeting in July. 4. (Agenda Item I -4(a)) NEPTUNE AVENUE ASSESSMENT DISTRICT: ss (a) The City Clerk stated to the Council that she did, on May 19, 1960, pursuant to Statute and a Resolution of this Council, at a public meeting called for that purpose, after due notice published and posted as required by law, publicly open, examine and declare the sealed bids for the improvement in Neptune Avenue Assessment District in th City of Ne rt gc as described in Resolution of Intent ATTEST- A Page 243 X CITY OF NEWPORT BEACH COUNCILMEN Page 244 - Volume 13 ,J dex (my 23, _1960)__ 5186. She further stated that she received three bids, the low bidder being Sully - Miller Contracting Company. (b) The report and recommendations of the City Manager and the Public Works Director recommend - ing the award of the contract to said low bid- der, was presented. R 5237 Neptune (c) Resolution No. 5237, being a resolution of Ave imprs the City Council of the City of Newport Beach, CA -29 California, awarding the contract for the con- struction of certain improvements in Neptune Avenue Assessment District in said City; and di- recting the City Clerk to publish the award, was adopted. 5. (Agenda Item I -4(b)) The report and recommend- ations from the City Manager and the Public Works Director regarding the receipt of three bids by the City Clerk on May 19, 1960, for the 1959 -60 Resurfacing Program for Corona del Mar Resurfacing and Newport Heights Districts recommending the prog CdM award of the contract to the iow bidder, was & Newport presented. Hts. . R 5238 Resolution No. 5238, authorizing the Mayor and CA -29 the City Clerk to execute a contract with the low bidder, Sully - Miller Contracting Company, was adopted. Prom not . (Agenda Item I -5) The recommendation from the Leon City Manager and the Finance Director that the Poudrier Council accept a promissory note from Leon C -537 Poudrier, in the amount of $248.51, owed to the City of Newport Beach, was approved. R 5239 7. (Agenda Item I -6) A report, dated May 20, 1960, right of from the City Attorney regarding negotiations way cont with the Orange County Flood Control District R 5240 regarding property taken from the former City •Gran sewage disposal site, was presented. Deed CA -38 Resolution No. 5239, authorizing the Mayor and the City Clerk to execute a right of way con -. tract with the Orange County Flood Control Dis- trict, was adopted. Resolution No. 5240, authorizing the Mayor and the City Clerk to execute a Grant Deed to the Orange County Flood Control District, was adopted. Lotze 8. (Agenda Item I -7) A memorandum from the City Settlement Attorney, dated May 19, 1960, regarding the C -580 offer of settlement from Walter Lotze, was pre- sented. Councilman Lorenz requested an "Attor- ney- Client" meeting regarding this matter, and the subject was diaried for June 6, 1960. Explorer 9. (Agenda Item I -8) The City Manager stated that Scouts the Science Explorer Scout Post No. 201 had re- quested permission to use additional space and to construct a fallout shelter,on the City C -653 Corporation Yard property.�� J ATTP CT . �`f� i eA.»� Page 244 Motion 1 Call: Ayes Motion 1 Call: Ayes Motion All Ayes ➢^` TN�,Q9 a N � <yvvF j0p, 74 Motion x 1 Call: Ayes x x Motion x 1 Call: Ayes x x opt, xlx FA CITY OF NEWPORT BEACH Page 245 - Volume 13 ,"ex_ (May 230 1960) Dr. Job-Myers., explained, on behalf of the Explorer Scouts, that the proposed construction would be for demonstration only and that the Explore structure erected would be given to the City. Scouts cont. C -653 1960 -61 Budget CA -101 E R 5241 Deed f/ Irvine CA -23 R 5242 to Na Gas c C -595 Dismiss: of 2 Sub erior Ci cases CA -66 & Legal Opinion; R 5243 agrmt CA -49 C -676 Budget • Amendmen CA -102 Explorer Scout John Owen spoke from the The City Manager was instructed to prepare the necessary papers to enable the Science Explorer Post to erect a fallout shelter on the City- owned property for demonstration, the shelter t be City property at all times; evidencing agree merit in principle that the structure may be built; the documents to be presented for approv al or disapproval at the next Council meeting. 10.(Agenda Item I -9) The 1960 -61 preliminary budget was received and set for public hearing on June 13, 1960, and the City Clerk was authorized to publish notice of said hearing. Councilman Hart temporarily left the meeting. ll.(Agenda Item I -10) The matter of the acceptance of a Deed of water main and easement from The Irvine Company, in accordance with the terms of subdivision agreement for Tract No. 3201 (be- D tween Palisades and MacArthur, adjacent to Lockheed site), was presented. Resolution No. 5241, authorizing the acceptance of said Deed, was adopted. 12.(Agenda Item I -11) Consideration was given to L the proposed modification of the City s Natural 11 Gas Contract with Monterey Oil Company. Resolution No. 5242, authorizing the Mayor and the City Clerk to execute an amendment to the Natural Gas Contract, reducing royalties on gasoline to 407. and on dry gas to 60 %, was adopted. .(Agenda Item I -12) In accordance. with the recom- mendations of the City Attorney, dismissal of the following Superior Court Cases was approved: Petition of Newport Beach No. A- 23340, and Gerrish v. City of Newport Beach, No. 62353. ilman Hart rejoined the meeting. 14.(Agenda Item I -13) Resolution No. 5243, author - >n iziing the execution of a recreation agreement with the Newport Harbor Union High School Dis- trict, was adopted. 15.(Agenda Items I- 14(a), (b), (c), (d)) The following Budget Amendments were approved: (a) No. C -110, in the transfer of Budget Ap accounts to Parks, Be amount of $649.36, being ropriations from various ¢k►es and Recr at ion-7 Page 245. COUNCILMEN Motion Ayes Noes Motion All Ayes Motion 1 Call: Ayes Absent Motion 1 Call: Ayes Absent Motion 11 Call: Ayes Absent Motion 1 Call: Ayes Motion All Ayes x x tJ VA x x ,&dex W' Budget cont. CA -102 41 Bldg Height 1 Grading mte IWA-6i Interim report Frisbee CA -112 Seal's Ambulant rate inc req C• 10 CITY OF NEWPORT BEACH COUNCILMEN Page 246 - Volume 13 (May 23, 1960) Recreation Equipment, for the purchase of three boats from -the American Red Cross; transfer from Parks, Beaches and Recreation, Administration, to Parks, Beaches and Recreation, Recreation, to provide for backstop on ball field at Mariners Park; transfer from Capital Improvements to is Parks, Beaches and Recreation, Recreation. (b) No. C -111, in the amount of $14,475, being a decrease in Revenue Estimates from Unappropriate Surplus, Gas Tax Fund; revenue reduction because of contract let by State Division of Highways (Project No. 32). (c) No. C -113, in the amount of $3206.11, being an increase in Budget Appropriations, from Unap- propriated Surplus, General, to General Services - Streets, Land Improvements; refund to First Westcliff Corporation, difference between their share of cost of Irvine Avenue, Mariners Avenue, and Dover Drive improvement and their contribu- tion toward cost; re Ira N. Frisbee letter of May 16, 1960. (d) No. C -114, in the amount of $600, being an increase in Budget Appropriations from Unappro- priated Surplus, Capital Outlay, to Park and Recreation - Land Improvements, for installatio of underground street lighting conduit in Park- ing Lot A, Corona del Mar State and City Beach Park. (e) No. C -109, being an increase in Budget Ap- propriations in the amount of $43.50, from Unap- propriated Surplus, Library, to Library - Land and Land Rights, for proposed Library Building. .(Agenda Item I -15) Consideration was given to the reactivation of the Building Height and Grading Committee, comprised of Councilman Kingsley, Chairman, and Councilmen Hart and Lorenz. Said Committee was reactivated, and it was di- rected that the Planning Director be requested to advise the Chairman of subject Committee of any applications for height variances and Use Permits, prior to approval, for permission to construct buildings in excess of 35 feet in a C -1 District and 50 feet in a C -2 District. 7:(Agenda Item I =16) The interim report.from Ira N. Frisbee & Co., dated May 16, 1960, was order- ed received and filed, and the City Manager was instructed to take the corrective actions sug- gested in Mr. Frisbee's letter. 18.(Agenda Item I -17) Further consideration of the requests of Seal's Ambulance Service and Orange County Ambulance Association for approval of rate structure was given. Mr. Larry Seal of Seal's Ambulance and Mr. E. Richard Crane, President of the Orang Co t Ambulance Association, oke from ce. ATTEST - Page 246 Motion All Ayes Motion, All Ayes �\ %9\7t CITY OF NEWPORT BEACH COUNCILMEN Page 247 - Volume 13 ,Wex (May 23, 1960) w Mr. Seal stated that there was no profit in the seal's ambulance service business. Ambulan e coast. Action on this matter was deferred until the CA -110 ambulance service furnishes figures to our Finance Director to show financial condition and Motion operation:eosts, all information to be held Ayes completely confidential. Noes 19. The meeting was adjourned to June 6, 1960, at Motion Adjourn d 7:30 P.M. All Ayes to 6 -6- 0 0 40 • IATTEST: Page 247 x x